Senator Chris Van Hollen (D-Md.) called the Biden administration’s review of Israel’s war conduct in the Gaza Strip ‘inadequate’ for acknowledging the likely breach of international humanitarian law using U.S. weapons, but not indicating a ban on arms transfers.
Van Hollen said in a call with reporters shortly after the State Department sent its report to Congress, “If this conduct complies with international standards, God help us all.”
“Because that would set a very low bar for what is allowed, it would set a very low bar for the rules of war, it would set a very low bar what’s required to facilitate the delivery of humanitarian assistance.”
The Biden administration transmitted the report to Congress late Friday afternoon, stating that it was “reasonable to assess” that Israel had violated international humanitarian law in its conduct in Gaza. The report was mandated by National Security Memorandum 20 (NSM20), which Biden issued in February. a report NSM20 required foreign governments receiving U.S. military assistance, and engaged in active combat, to give written assurances to Washington that American-provided weapons are being used in accordance with IHL, and not hindering the delivery of humanitarian assistance. The memo also requires the State Department and Department of Defense to examine credible reports of IHL violations.
NSM20 was an outgrowth of an effort by Van Hollen to get President Biden to acknowledge a large-scale Palestinian civilian death toll in the Gaza Strip as a result of Israel’s war against Hamas, and the challenges on the Israeli side hindering the delivery of humanitarian aid.
Van Hollen criticized the Biden administration’s report as “inadequate” and highlighted a “big gap” in the assessment of reports from international NGO’s that have scrutinized Israel’s war against Hamas over the course of seven months.
“While the administration has made some important general findings in this report, including the finding that it’s reasonable to conclude that Israel has violated international law in the use of American weapons, they all fall short of making difficult determinations in specific cases,” he said.
Van Hollen further stated, “But the administration dodged all the challenging questions about making the actual determination.”
“As I read this report, the Biden administration is taking at face value many the representations made by the Netanyahu government,” the senator said, referring to Israeli Prime Minister Benjamin Netanyahu.
The administration states in its report that Israel has started investigations into the reports of violations of IHL.
Van Hollen said the findings may prompt calls to limit weapons transfers to Israel. President Biden withheld sending over 3,000 heavy bombs to Israel this week and warned of restricting more arms transfers in opposition to Israeli military action in the southern Gazan-city of Rafah.
“This report does not delve deeply because I think by delving deeper you will not just reach a general conclusion about the likelihood of violations of international humanitarian law, you’d have to make judgments about specific cases,” Van Hollen said.
Senator Chris Van Hollen (D-Md.) said that the Biden administration's examination of Israel's actions in the Gaza Strip, which admitted the probable breach of international humanitarian law with U.S. weapons, was seen as 'very inadequate,' but did not suggest a halt to weapon transfers. He remarked, 'If this behavior meets global norms, we are in big trouble.'
